Category Archives: Business Litigation
Judge Rejects Tiger Woods’ Ex-Girlfriend’s Attempt to Nullify Nondisclosure Agreement
Tiger Woods’ ex-girlfriend lost her attempt to have a nondisclosure agreement (NDA) thrown out in court, with a Florida judge ruling that an unlawful eviction dispute between the two parties must be decided in arbitration, which is required by the nondisclosure agreement both parties signed. In the NDA, his now ex-girlfriend had agreed to… Read More »
What Is A Non-Compete Agreement And Should You Sign One?
You may have heard of a non-compete agreement before – it is a legal contract in which an employee agrees not to work for a competitor of their current employer for a certain period of time after leaving their job. This agreement is designed to prevent the employee from using the knowledge, skills, and… Read More »
Class Action Lawsuits: To Join Or Not To Join?
It may have happened to you before – you receive a curious piece of mail you weren’t expecting. Upon review, you see that it is an invitation to join a class action lawsuit. You read the details and realize you may actually be eligible to join. But should you? Before you join a class… Read More »
Tiger Woods’ Ex-Girlfriend Wants To Nullify Their NDA: What Is An NDA?
Tiger Woods is back in the spotlight, and once again, it isn’t because of his golf game. In this case, it has to do with an NDA that his then-girlfriend signed after they started dating. In the NDA, his now ex-girlfriend agreed to arbitrate all disputes with Woods out of court, “as consideration for… Read More »
When It Comes To Minors, You Can Be Liable For What’s On Your Website
Let’s say that you have a website that has some component of social media or social interaction. Perhaps your website invites comments or commentary. Not all of that commentary will be helpful—in fact, much of it will be harmful, especially when it comes to minors. Could you be liable if a minor harms himself… Read More »
Law Makes It Easier To Use Contractors During State Emergencies
Emergencies happen all the time, especially in Florida, where we tend to get hurricanes, which can lead to local and state emergencies. Of course, other emergencies happen as well, such as earthquakes or pandemics. When they happen, businesses can be short staffed. Problems With Emergency Hiring One of the reasons that businesses may be… Read More »
Don’t Get Sued For Sending Text Messages
Do you send text messages to customers as part of your business? If you are, be very careful—you could be setting yourself up for liability and lawsuits under the Telephone Consumer Protection Act (TCPA) which prohibits a whole range of activities, such as calls to landlines, calls to cell phones, facsimiles and text messages…. Read More »
Your Business Has Debts: Should You Negotiate Or File Business Bankruptcy?
Let’s say that your business is having problems with creditors. So many problems that you start to wonder if maybe a business bankruptcy is right for you. Before you jump into that drastic step, there are things you should know about business bankruptcies. Business Bankruptcy What happens to your business when you file for… Read More »
What Is A SaaS Agreement?
In many cases, your business may use business that your business doesn’t own. This is usually done through licensing. But today, much of the software that we use is in the cloud, or online, which, although similar, is not exactly the same as licensing software. Whether you are a company using software, or a… Read More »
What Is A Registered Agent?
If you’ve registered a corporation at any point, you’ve probably noticed that you have to designate a registered agent. In fact, you may have had a registered agent for many years, and maybe not even have known who it was or what your registered agent is even supposed to do for you. What Does… Read More »
Mistakes Businesses Make On Social Media
Social media is everywhere, and it is a valuable tool in promoting your business. But it’s also sometimes abused. It’s easy to make mistakes on social media—here’s some to avoid. Taking Posts Down Before we get to the things that businesses often do wrong on social media, many people ask, “can’t I just take… Read More »
What Must Be Disclosed To You If You Purchase A Franchise?
If you are thinking of buying a business, you may be considering a franchise. Many franchises have well known names, and established business models, making them ideal—you don’t need a lot of experience, many train you in the business, and many items, like promotional materials and marketing, are provided for you. When and if… Read More »
Hurricane Season 2022: What You Need To Do Legally To Protect Your Family Financially
By Daniel Lustig, Attorney and Partner, Pike & Lustig LLP Hurricane season begins on June 1 and this year forecasters at NOAA’s Climate Prediction Center are once again predicting above-average hurricane activity this year, making it the seventh consecutive above-average hurricane season. NOAA’s outlook for the 2022 Atlantic hurricane season, which extends until November 30,… Read More »
Florida’s New Receiver Laws And Commercial Foreclosures
Often, when lenders have an interest in commercial property, they are concerned that the property will be damaged, or mismanaged. The lender has an interest in the property given that the property is the lender’s security for the loan. Concerns a Foreclosing Lender May Have When a business defendant is in foreclosure, and the… Read More »
What Is A Transformative Work?
Copyright law can be confusing, and one area where there is a lot of confusion is the extent to which you can alter or change an existing copyright and make it yours. In other words, when does a work that you create become a “new” work that is yours, giving you all the rights… Read More »
Pitfalls When Signing Settlement Agreements
Let’s say that you have a legal issue or disagreement. You were thinking of getting an attorney involved, but it turns out that the other side has agreed to settle your case, for terms that you agree with. Luckily, you avoided having to get an attorney—just sign the settlement agreement, and your problems are… Read More »
Lawsuits For Meddling With Someone Else’s Contracts Or Business Relationships
Let’s say that you have a business—for our example, assume that you install and fix sound systems. You get lucky, and you sign a major deal with a used car company; your company will be the company that will install, repair, and refurbish all of the sound systems in the cars that the used… Read More »
Don’t Run Into Problems With Towing Laws
If you own a business, or you own property, it’s going to happen: People you don’t know, or who you didn’t authorize, will park in your parking spaces. When that happens, it may be time to call the towing company. To avoid problems, here’s a short primer on towing laws, and your right as… Read More »
Just What Is Discrimination Or An “Adverse Employment Action?”
When it comes to employment discrimination, many of us give a lot of thought to who can’t be discriminated against. In other words, we concentrate on sex, pregnancy, race, age or disability, to try to ensure that we aren’t discriminating against any of these groups. But we rarely think of what discrimination actually is—that… Read More »
Doing Background Checks On Employees Can Keep You Out Of Trouble
If one of your employees commits a criminal act, or hurts someone while completely out of the scope, context, and duties of his or her employment, you may feel like you are absolved from liability. After all, you would never condone, allow, suggest or even retain, anybody that you knew could purposefully and perhaps… Read More »
